U.S. citizens can petition for the permanent residency of their minor children, their minor stepchildren if the marriage occurred when before the stepchild’s 18th birthday, and their adult children regardless of marital status. Minor children are considered “Immediate Relatives” and enjoy certain benefits that adult children do not. For example, the process is generally faster and some bars to a green card do not apply.

Petition for Children

Green Card holders can petition for their minor and unmarried adult children. However, these children face longer wait times than “Immediate Relatives.” The distinction in benefits means that the processing times for these petitions may be more protracted compared to those for Immediate Relatives.

Additionally, minor, and unmarried adult children sponsored by Green Card holders may encounter challenges if issues such as visa overstay or unauthorized employment within the United States arise. In such cases, these children could potentially be subject to immigration bars, which are legal restrictions that could significantly impact their ability to enter or maintain residency in the country. This underscores the significance of a heightened awareness among Green Card holders regarding the potential hurdles their children might face. With IBP Immigration Law, you get experienced attorneys who make immigration easier. Gain peace of mind as Green Card holders, knowing your sponsored children are in capable hands.

The Green Card Process

The process begins with a Form I-130 Petition for Alien Relative. If eligible, the child beneficiary may also apply for a Green Card (Form I-485) concurrently or after the approval of the petition. The USCIS local office may or may not invite the child and the parent for an immigrant visa interview before concluding the process. These children receive a 10-year green card upon approval. If the child lives abroad, the child will go through the immigrant visa process abroad known as “Consular Process.” The child will have to appear at a U.S. Embassy/Consulate for an interview before he/she can move to the United States as a lawful permanent resident.

Affidavit of Support

In both scenarios described above, the U.S. citizen petitioner must act as the financial sponsor. This step of the process requires the U.S. citizen to file an Affidavit of Support (Form I-864) to show enough income to support the foreign national child in the United States. If the U.S. citizen does not have the required income, he/she can add a Joint Sponsor to the case. It is important to speak to a qualified immigration attorney to ensure you do the process right the first time. The process can be expensive and slow. Problems can lead to delays and even denials.